If I purchased a house on my own and my wife and I decide to get a divorce, will I have to
buy her out?
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If I purchased a house on my own and my wife and I decide to get a divorce, will I have to
buy her out?
Asked on June 28, 2016 under Family Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Texas is a community property state.
Community property is property acquired during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
If you purchase the house during marriage, your spouse will have a 1/2 interest in it if it is purchased with income during marriage because income during marriage is community property.
You could buy her out or let her retain her 1/2 interest in the property.
If you purchase the house after divorce or after separation with no intent to reunite, the house is your separate property and your wife has no claim.
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